HomeMy WebLinkAboutPLANNING MINUTES 1955-05-10 31
MINUTES OF A PUBLIC HEARING AND THE 65TH
SPECIAL MEETING OF THE CITY PLANNING COMMISSION
On May 10, 1955 the above meeting was held by the City Planning Commission
at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A.
Ventura called the Public Hearing to order at approximately 8:09 p.m.
Members present: **William Robinson Robert L. Greene Rufino Salinas
Edwin Conway Daniel Lepo Peter A. Ventura
Karle Steinhoff
Members absent: Dallas F. Hay
H. Paul Harsha
The following were present together with approximately 26 people attending
the Public Hearing and the Special Meeting:
****Lieutenant Bob Perry - Fire Department
*Louis Szabo - Building Department
Russell Ashmore - City Attorney
The secretary read petitions dated April 7, 1955 and April 20, 1955 by L. E.
Schmidt, President Optimist, Lighted Athletic Field Committee of Clarenceville
School District requesting permission to use Parcel B in the Northeast 1/4 of
Section 2 located on the West side of Middlebelt Road approximately 525 feet
South of Norfolk Avenue or Parcel Alal (portion of) in the Northeast 1/4 of
Section 1 located on the South side of Grand River &venue approximately 200
feet East of Deering Avenue for a carnival May 25 through May 29, 1955.
Mr. Schmidt was present.
*Louis Szabo arrived at meeting at approximately 8:11 p.m.
Mr. Schmidt stated each site has its advantages but that the committee pre-
ferred the site on Grand River. Stated property on Grand River is zoned C-2
whereas the site on Middlebelt Road is not. Site on Middlebelt Road is
wooded in the back and there are not too many homes on the North and South
sides. Stated at the Grand River site there would be available parking at the
National Bank, Wrigley's, Master Service Laundry, Fil-Mar and Tony's Drive-In.
**Mr. Robinson left meeting at approximately 8:14 p.m. and returned at
approximately 8:15 p.m.
Mr. Schmidt stated he is a member of the Traffic Commission and that he has
investigated the traffic and parking problem.
No one was present opposed to this petition.
Mr. Schmidt stated his home is closest to the Grand River Avenue site and
would be the one most effected by the carnival. Stated the commission has
made arrangements to carry insurance.
Upon a motion duly made by Mr. Greene, seconded by Mr. Lepo and unanimously
carried, it was
***Page 939 *Page 943
****Page 939 **Page 943
J362
#5-149-55 RESOLVED THAT, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant the petition by
L. E. Schmidt, President Optimist, Lighted .Athletic Field
Committee of Clarenceville School District requesting permission
to use portion of Parcel Alal in the Northeast 1/4 of Section 1
located on the South side of Grand River Avenue approximately
200 feet East of Deering Avenue for a carnival May 25 through
May 29, 1955, and
FURTHER RESOLVED, notice of the above hearing was sent to property
owners within 500 feet, petitioner and City Departments as listed
in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
The secretary read petition dated March 29, 1955 by I. Katz, Livonia
Furniture requesting q g permission to erect double faced 24 gauge galvanized metal
sign (total 168 square feet) with 2x2xx" angle frames mounted on three steel
poles on Parcels F7b and F8a2 located on the North side of Plymouth Road
approximately 1,825 feet West of Merriman Road in the Southeast 1/4 of Section
27. Mr. Joe Niestroy, 27510 Seven Mile Road, Livonia was present representing
the petitioner.
Mr. Niestroy stated the sign will be 12' above grade level, three sections to
sign and the entire sign will be neon with the bottom section flashing neon.
Stated sign will be 18' from edge of road and 38' from center of road and that
if the commission wishes he can move sign back 10' .
Mr. Robinson stated this commission cannot give permission to erect sign on
the right—of—way of the road.
Mr. Niestroy stated the building is 70' from road. Stated sign will face East
and West. Stated proposed sign will line up with existing signs.
Mr. Ventura stated according to plot plan petitioner would have to have
approval of the State Highway Commission before sign can be erected.
Mr. Robinson suggested that petition be tabled for one hour in order to give
Mr. Niestroy opportunity to draw another sketch showing sign 60' from center
of road. Mr. Niestroy stated he could not draw another sketch in that length
of time. Stated that the main section of the proposed sign is 22' long and
that it can be cut down to 11' .
Mr. Salinas stated sign could not overhang the highway.
Mr. Ventura asked whether Mr. Katz had considered a sign on the top of the
building. Mr. Niestroy stated that there are too many trees in the way.
Stated without sign extending as near as possible to the road, it will not do
Mr. Katz any good.
Mr. Ventura read portion of Act 108, Public Acts of 1925, as amended by Act
136, of Public Acts of 1935 re. Michigan Law controlling erection of sign on
or along highways ".. .No person, firm or corporation shall erect or cause to
be erected on or along any highway any sign, guide posts, marker or advertising
device without the approval of the Commissioner or Commissioners having
1ft;
jurisdiction over such highway. . ."
There was a lengthy discussion regarding the proposed Sign Ordinance and the
need for such an ordinance.
Mr. Salinas made the following motion which the Chair ruled out of order until
he had had an opportunity to call on those present opposed or in favor of
petition:
RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant the petition
by I. Katz, Livonia Furniture requesting permission to erect
double faced 24 gauge galvanized metal sign mounted on three
steel poles on Parcel F7b and F8a2 located on the North side
of Plymouth Road approximately 1,825 feet West of Merriman
Road in the Southeast 1/4 of Section 27 provided the sign is
not installed on nor overhangs right-of-way of Plymouth Road.
No one was present opposed to petition.
Mr. Robinson asked the length of the sign. Mr. Salinas stated it would be up
to him and what he could erect under the conditions of the resolution as stated.
Upon a motion duly made by Mr. Salinas and seconded by Mr. Conway, it was
#5-150-55 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant the petition
by I. Katz, Livonia Furniture requesting permission to erect
double faced 24 gauge galvanized metal sign mounted on three
steel poles on Parcel F7b and F8a2 located on the North side
of Plymouth Road approximately 1,825 feet West of Merriman
Road in the Southeast 1/4 of Section 27 provided the sign is
not installed on nor overhangs right-of-way of Plymouth
Road, and
FURTHER RESOLVED, notice of the above hearing was sent to
property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Conway, Greene, Lepo, Ventura and Salinas
NAYS: Robinson and Steinhoff
The secretary read petition dated April 5, 1955 by David Lewis, Durable Homes
requesting approval of preliminary plat of Livonia Estates Subdivision, No. 5
located approximately 200 feet West of Lathers Avenue between West Chicago
Road and Dover Avenue in the Southeast 1/4 of Section 36. Mr. George Roth
was present. The secretary read letters dated May 6, 1955 from Calvin Roberts,
Chief Livonia Fire Department and dated May 10, 1955 from Hugh Wood, Jr.,
Chief Inspector.
Mr. Ventura stated this subdivision plat involves 28 residential lots.
Mr. Steinhoff, Members of the Plat Committee stated lots seem to be proper
Ou4
size.
Mr. Robert Myers, 18614 Schoolcraft Road, Det. 23 representing Mrs. Richard
Riley, 28460 Joy Road asked what affect the plat would have on Joy Road.
Mr. Ventura stated subdivision would not have affect on Joy Road.
The following persons were present interested in the proposed subdivision:
Fred Connell, 9151 Lathers
Mr. Novak, 9353 Lathers
Robert Hildebrandt, Jr., 9134 Lathers
Meredith Polston, 28425 West Chicago
Donald McIntyre, 9331 Lathers
Mr. Novak stated that Lathers would get all the through traffic, questioned
whether West Chicago Road would be opened and whether Harrison would be only
half street.
Mr. Ventura pointed out that there were several ways of getting in and out of
subdivision. Stated City Council Streets and Roads Committee stated at an—
other meeting that West Chicago Road would be opened sometime in the future.
Stated that they are required to pave only half of Harrison North of Minton.
Mr. Fred Connell asked the type of home to be built. Mr. Roth stated home
will be over 1,000 square feet the same type as on Lathers, Gillman, etc.
Upon a motion duly made by Mr. Conway, seconded by Mr. Lepo and unanimously
carried, it was
#5-151-55 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby give tentative
approval to the preliminary plat of Livonia Estates Subdivision
No. 5 located approximately 200 feet West of Lathers Avenue
between West Chicago Road and Dover Avenue in the Southeast 1/4
of Section 36, and
FURTHER RESOLVED, notice of the above hearing was sent to the
abutting property owners, proprietor, City Departments as
listed in the Proof of Service and copies of the plat together
with notice having been sent to the Building Department,
Superintendent of Schools, School Board President, Fire
Department, Parks and Recreation Department and Plat Committee.
The Chairman declared the foregoing resolution adopted.
The secretary read petition dated April 6, 1955 by Jack Garber, Trojan Build—
ing Company requesting approval of preliminary plat of Rosedale Gardens Sub—
division, No. 15 located on the East side of Farmington Road between Orange—
lawn Avenue and West Chicago Road in the Northwest 1/4 of Section 34. The
secretary read letters dated May 5, 1955 from Calvin Roberts, Chief Livonia
Fire Department and dated May 10, 1955 from Hugh Wood, Jr., Chief Livonia Fire
Department. Mr. Jack Garber was present.
Mr. Steinhoff, Member of the Plat Committee stated Lot 2109 as shown on plat
is shy of 6600 square feet.
65
Mr. Garber stated that according to the way the Municipal Planners determination
of lot sizes there is 6611.5 square feet in Lot 2109 but that in order to avoid
any question he was willing to take one foot from Lot 2112 which would solve
problem.
Mr. Ventura stated property is presently zoned R-3 and that approval of this
plat would be up-grading property. Stated there will be 15 residential sites.
Mrs. Louis Govach, 33130 West Chicago Road asked whether it would be possible
to have the hydrant located on the easement on back of lot instead of on the
corner. Mr. Perry stated hydrant would be more visible on corner.
Mr. John Peters, 33110 West Chicago Road was present and wished to see proposed
plat. Mr. Peters had no objection to plat as submitted.
Upon a motion duly made by Mr. Conway, seconded by Mr. Greene and unanimously
carried, it was
#5-152-55 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby give tentative approval
to the preliminary plat of Rosedale Gardens Subdivision, No. 15
located on the East side of Farmington Road between Orangelawn
Avenue and West Chicago Road in the Northwest 1/4 of Section 34,
and
FURTHER RESOLVED, notice of the above hearing was sent to the
abutting property owners, proprietor, City Departments as
listed in the Proof of Service and copies of the plat together
with notice having been sent to the Building Department, Fire
Department, Superintendent of Schools, School Board President,
Parks and Recreation Department and Plat Committee.
The Chairman declared the foregoing resolution adopted.
The Chairman called a recess at approximately 9:10 p.m.
The Chairman called the meeting to order at approximately 9:28 p.m. with all
present as named at the beginning and course of the meeting.
Upon a motion duly made by Mr. Conway, seconded by Mr. Greene and unanimously
carried, it was
#5-153-55 RESOLVED that, a date for special meeting of the City Planning
Commission be set for June 7, 1955.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and
unanimously carried, it was
#5-154-55 RESOLVED that, a date for a Public Hearing of the City
Planning Commission be set for June 14, 1955.
The Chairman declared the foregoing resolution adopted.
i)6
Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and
unanimously carried, it was
#5-155-55 RESOLVED that, the Public Hearing held May 10, 1955 be closed.
The Chairman declared the foregoing resolution adopted and called the 65th
Special Meeting to order.
The secretary read letter dated May 10, 1955 requesting the petition by D. M.
Silkworth, Silkworth Oil Company, Inc. requesting permission to build a
gasoline service station on a portion of Outlot Bl, Greenette Subdivision
located on the Southwest corner of Plymouth Road and Garden Avenue in the
Northwest 1/4 of Section 36 be held from public hearing until further notice.
Mr. Silkworth or a representative was not present.
Upon a motion duly made by Mr. Lepo, seconded by Mr. Steinhoff and unanimously
carried, it was
#5-156-55 RESOLVED that, petition by D. M. Silkworth, Silkworth Oil
Company, Inc. requesting permission to build a new gasoline
service station on a portion of Outlot B1, Greenette Sub-
division located on the Southwest corner of Plymouth Road
and Garden Avenue in the Northwest 1/4 of Section 36 be
tabled until this commission receives further communication
from petitioner.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was petition by
S. Gurstell, Mohawk Lumber & Supply Company requesting permission to erect a
15' x 5' B. F. Goodrich Sign approximately 60 feet from the center of Plymouth
Road on Item EE2a located on the North side of Plymouth Road approximately 425
feet West of Farmington Road at 33600 Plymouth Road in the Southeast 1/4 of
Section 28. Messrs. H. Jaffa and W. F. Laing were present.
Mr. Jaffa submitted plot plan as requested by commission.
No one was present opposed to petition as submitted.
Mr. Robinson stated that he concurred with Mr. Salinas's statement made at the
public hearing that the City of Livonia does not need a "jungle" of signs and
that two large signs at this location are sufficient.
Upon a motion duly made by Mr. Conway and seconded by Mr. Lepo, it was
#5-157-55 RESOLVED that, pursuant to a Public Hearing having been held
April 19, 1955 the City Planning Commission does hereby grant
the petition of S. Gurstell, Mohawk Lumber & Supply Company
requesting permission to erect a 15' x 5' B. F. Goodrich Sign
approximately 60 feet from the center of Plymouth Road on
Item EE2a located on the North side of Plymouth Road approxi-
mately 425 feet West of Farmington Road at 33600 Plymouth Road
in the Southeast 1/4 of Section 28 provided the sign is not
erected any closer than 60' to center of road, and
Syn!
FURTHER RESOLVED, notice of the above hearing was sent to
property owners within 500 feet, Petitioner and City Depart—
ments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Conway, Greene, Lepo, Steinhoff and Ventura
NAYS: Robinson and Salinas
The secretary announced that the next item on the agenda was approval of
final plat of Country Homes Subdivision, No. 2 located in the East 1/2 of
Section 32 and the West 1/2 of Section 33. The secretary read letters dated
April 23, 1955 from Irvin Hermanoff, Secretary, Harry Slatkin Builders, Inc.
and dated April 20, 1955 from Mrs. Marie W. Clark, City Clerk. Messrs. Irvin
Hermanoff and Donald Barris were present.
Mr. Ventura asked whether the final plat is same as the preliminary plat
approved by this commission. Mr. Hermanoff stated it was.
No one was present opposed to the final plat as submitted.
Upon a motion duly made by Mr. Salinas end seconded by Mr. Conway, it was
#5-158-55 RESOLVED that, final plat of Country Homes Subdivision, No. 2
located in the East 1/2 of Section 32 and the West 1/2 of
Section 33 be given final approval and that a letter be sent
to the Building Department that permits may be issued, and
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission under date of February 3, 1955; and it
further appearing that said proposed plat together with plans
and specifications for improvements therein have been approved
by the Department of Public Works under date of February 5, 1955
and it further appearing that a bond in the amount of $200,000.
pursuant to a resolution adopted February 8, 1955 and amended
April 18, 1955 by the City Council, to cover the installation of
improvements has been filed in the office of the City Clerk under
date of April 19, 1955 such bond having been approved by Russell
Ashmore, City Attorney on April 20, 1955 it would therefore
appear that all the conditions necessary to the release of build—
ing permits have been met and the Building Department is hereby
so notified.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Lepo, Steinhoff, Ventura and Salinas
NAYS: None
NOT VOTING: Greene
The secretary announced that the next item on the agenda was the renewal of
Permit No. 23 for removal of topsoil located on Parcel Flalala2 located
between Van Court and Orangelawn and Farmington and Woodring in the Northwest
1/4 of Section 36. Mr. C. Hoffman was present.
Mr. Hoffman stated that Shelden Land Company's original plays to have play
368
A.
ground for children were to be started this week but because of the weather r
they were unable to seed. Stated a good share of the topsoil has been removed
by Mr. Beuthien.
Mr. Ventura asked whether Mr. Hoffman would object to permit showing Carl
Beuthien is removing topsoil in conjunction with Shelden Land Company.
Stated permit was issued to Shelden Land Company and Shelden is not removing
and selling topsoil. Stated permit is not transferable. Mr. Hoffman stated
he would have no objection.
***Mr. Russell Ashmore arrived at meeting at approximately 9:45 p.m.
Mr. Ashmore stated bond should be posted by one who removes dirt as he is the
one responsible for bond.
Upon a motion duly made by Mr. Salinas, seconded by Mr. Lepo and unanimously
carried, it was
#5-159-55 RESOLVED that, request for renewal of Permit No. 23 by Shelden
Land Company for removal of topsoil located on Parcel Flalala2
located between Van Court and Orangelawn and Farmington and
Woodring in the Northwest 1/4 of Section 34 be granted and
bond in its present form be continued.
The Chairman declared the foregoing resolution adopted.
Mr. Ventura asked whether Mr. Hoffman understood that dirt could not be
removed below grade of nearest existing street. Mr. Hoffman stated he did.
3 The secretary announced that the next item on the agenda was the reconsider-
ation of renewal of Permits No. 10 and No. 20 for removal of topsoil located
in the rear of 13240 Merriman (8 acres), 13160 Merriman (8 acres) and 13100
Merriman (g acres) in the Northwest 1/4 of Section 26. Messrs. Charles
Swartz, John Spence and Frederick B. Bartholomew were present.
****Mr. Perry left meeting at approximately 9:50 p.m.
Mr. Venture stated that one important fact led to the denial of this renewal
on April 19, 1955 was the condition of the previous site of removal at Six
Mile Road and Inkster Road. Stated since then an agreement has been reached
by which Messrs. Swartz and Spence would post a $5,000 bond to guarantee that
they will drain water from the field on Six Mile and Inkster Roads as soon as
conditions permit.
Mr. Ashmore stated he had the $5,000 bond and has approved it as to form.
Mr. Bartholomew stated they originally obtained their permit to remove topsoil
at Six Mile and Inkster Roads before Zoning Ordinance was adopted and that they
were not required to submit survey.
Mr. Ashmore stated he would write letter to those concerned stating wishes
of Planning Commission and that the water be drained before certain time from
now weather permitting.
Mr. Robinson stated he was by this location tonight and there wasn't any water
standing.
cl I
Mr. Swartz stated they would fill in the holes and keep ditch open.
E Messrs. Swartz and Spence agreed to drain water and fill holes in 30 days
weather permitting otherwise within 60 days.
Mr. Salinas stated that according to survey area on Merriman is below grade.
Mr. Ashmore stated he had Mr. McCary look at Six Mile and Inkster Roads and
dirt has been removed below the level of the drain. Stated crock under Six
Mile Road is higher than the pockets in the field as much as 1 1/2' .
It was established that the permit for the Merriman Road site was issued
September 9, 1953 and renewed September 2, 1954.
Mr. Bartholomew stated his clients have put a lot of money into area.
Mr. Ventura asked whether they were required to submit topographic survey
when the permit was first issued. Mr. Spence stated "no".
Mr. Greene asked whether they were aware that they were not to take soil below
grade. Mr. Bartholomew stated permit wouldn't be issued if they were aware
of that. Mr. Bartholomew stated permit was granted and that they couldn't
take soil out last winter.
Mr. Swartz stated they did not know what the grade was. Mr. Bartholomew
stated in answer to Mr. Greene's question ". . .not at the time we windrowed".
Mr. Ashmore stated last September the question of grade came up in his office
when he talked to Mr. Spence regarding the renewal of the permits.
Mr. Robinson asked why this renewal did not come before this commission last
September.
Mr. Ashmore stated last September he agreed to go along with renewal of these
parcels providing bond was posted by those removing topsoil and that the
dirt not be removed below grade. Stated rule pertaining to permits being
good for six months has been in Zoning Ordinance since adoption but not
enforced.
Mr. Bartholomew stated he and his clients wish to cooperate with commission.
Mr. Conway stated that there is no question Merriman site is below grade and
that they did not need survey to show that.
Mr. Robinson stated these men were issued a permit and that he did not think
this commission should stop them now.
Mr. Greene stated he did not think they were issued a permit to break the
law.
Mr. Salinas asked whether the land is being subdivided. Mr. Spence stated
not to his knowledge.
Mr. Salinas asked whether any dirt has been removed. Mr. Spence stated "some".
j870
P.fan
Mr. Ashmore stated he agreed that reconsideration of Merriman site would come
before this commission if a bond was posted on the Six Mile site.
Mr. Ventura stated the fact Six Mile site was left in poor condition influenced
a his vote in denying this renewal and that posting a bond would entitle them
to different view.
Mr. Conway stated that according to the law he could not see how they could
remove any dirt from Merriman site when they are below grade.
Mr. Greene stated he could not see point in fixing Six Mile site and then
granting same thing on Merriman Road.
Mr. Swartz stated it is below grade but that field is well drained and that
there is no reason for water to lay on it.
Mr. Greene stated the ordinance does not say that it can be below grade if
{ field is well drained.
Mr. Robinson stated the City did issue them a permit.
Mr. Greene stated ignorance of the law is no excuse.
Mr. Ashmore asked when they first started bulldozing on Merriman site.
Mr. Spence stated August, 1953,
Mr. Ashmore stated that in the conversation last September he specifically
stated that if site was below grade they had better not remove dirt as it
would be expensive. 3
There was a lengthy discussion regarding the conversation between Messrs. Ash—
more and Spence September, 1954 regarding the grade and removal of dirt below
grade.
Mr. Ventura read portion of Section 4.13, Zoning Ordinance, No. 60.
Mr. Ashmore stated it should show on the record what percentage of field has
now been removed.
Mr. Spence stated total acreage is 24 acres, g acres scraped and removed,
1/3 removed and off parcel and 2/3 windrowed.
Mr. Ventura asked whether there was any way after removing topsoil of bringing
it up to level. Bringing it up to grade can be condition of the bond.
Mr. Spence asked whether the owner of the property would want the field
brought up to grade and filled. Stated he discussed that with property
owner on Six Mile and was instructed that owner did not want any more in field.
Could have made it 10" above Six Mile Road.
Mr. Ashmore stated the Mayor does not have the right to grant topsoil permit
over this commission.
Mr. Greene stated the fact that we do not ask for survey does not justify them
taking it below grade.
Mr. Ventura read permit as issued to Messrs. Spence and Swartz.
Mr. Ashmore stated the matter came to his attention last September because
of the names on the bond.
Mr. Conway stated Messrs. Spence and Swartz have spent money and hours and if
there is some way this commission can help them then commission should give
them a chance.
Mr. Ventura stated he suggested they fill field in.
Mr. Spence stated they can get any amount of fill. Stated it was below grade
when they obtained original permit and that they only took off 8" or 10".
Asked whether it would satisfy commission to put back 10".
Mr. Ashmore stated that he would recommend that a bond be set at $400 per acre
according to commission's previous resolution, give people notice that if they
want to remove to the level before they took it off (September '53) then they
cannot blame this commission for money spent heretofore.
Mr. Steinhoff stated only thing this commission has is their word as to how
much they removed.
Mr. Ashmore stated the bond will not be released until 10" is replaced.
Mr. Robinson asked what if the property owner doesn't want fill brought into
field.
Mr. Ashmore stated he would have Mr. McCary make recommendation as to what
grade should be.
Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was
#5-160-55 RESOLVED that, request for renewal of Permits No. 10 and No. 20
by John Spence and Charles Swartz for removal of topsoil
located in the rear of 13240 Merriman, 13160 Merriman and 13100
Merriman in the Northwest 1/4 of Section 26 be granted subject
to the condition of a letter to be written by the City Attorney's
Office and initialed by people who remove topsoil and fee owner
from which topsoil is to be removed.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Steinhoff and Salinas
NAYS: Greene and Lepo
NOT VOTING: Ventura
Upon a motion duly made by Mr. Salinas, seconded by Mr. Greene and
unanimously carried, it was
#5-161-55 RESOLVED that, City Planning Commission depart from the regular
order of business to hear Mr. Jim Davey, Attorney, Wayne County
Road Commission.
372
r-
The Chairman declared the foregoing resolution adopted.
Mr. Davey stated they would like to request another public hearing on the
water reservoir located at West Chicago Road in view of Judge Chester P.
O'Hara's decision regarding the Notice of Public Hearing sent by this
commission being incorrect.
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Robinson and
unanimously carried, it was
#5-162-55 RESOLVED that, a date of May 25, 1955 be set for public hearing
on petition by Wayne County Road Commission for water reservoir
located in the Northwest 1/4 of Section 36.
The Chairman declared the foregoing resolution adopted.
Mr. Robinson was excused froth meeting at approximately 11:00 p.m.
The secretary read letter dated May 3, 1955 from Guy A. Spencer, President
Livonia Bank regarding Lots 51 and 52, Brightmoor Home Acres.
Mr. Salinas stated Mr. Spencer was present earlier in the evening at which
time he (Mr. Salinas) suggested Mr. Spencer submit plot plan showing
separation of lot and that there would have to be public hearing to have
change of zoning.
Mr. Ashmore stated there is only 36' in question.
Upon a motion duly made by Mr. Conway, seconded by Mr. Lepo and unanimously3
carried, it was
#5-163-55 RESOLVED that, Letter dated May 3, 1955 from Guy A. Spencer,
President, Bank of Livonia regarding Lots 51 and 52, Bright—
moor Home Acres be placed on file.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated May 6, 1955 from Robert E. Seelye, Secretary
Zoning Board of Appeals addressed to Mayor Hartom.
Mr. Ventura stated he would like to inform commission that in the case of
Appeal Case No. 135 there is a misstatement and that this commission turned
over to Zoning Board of Appeals all the information on that particular case.
*Mr. Szabo left meeting at approximately 11:05 p.m.
Mr. Ventura stated that the Zoning Board of Appeals has the same recourse
as this commission regarding investigation of our records here in the City
Hall. Stated as to having a member of this commission attend their meetings
would not agree to this as it is now members are attending City Council
meetings and they should have some time home. Stated Mr. Herndon, Sr.
called him after our decision and related to commission conversation.
**Mr. Robinson returned to meeting at approximately 11:10 p.m. 31
gl3
There was a lengthy discussion regarding Appeal Case No. 135 being granted
by the Zoning Board of Appeals in view of Fire Department's letter and other
information in file sent to Zoning Board of Appeals.
Mr. Greene stated he would like to answer this letter publicly in the news-
paper as it is reflection on this commission.
Mr. Ashmore recommended that he write to Zoning Board of Appeals and at the
next meeting he and Mr. Ventura could be present.
It was agreed by the members that they would follow Mr. Ashmore's suggestion.
The secretary read letter dated April 15, 1955 from Russell Ashmore, City
Attorney regarding Planning Commission petition adverse its own interest.
Mr. Ashmore stated he had petition as filed by this commission for rezoning
of Lots 726 and 727, Supervisor's Livonia Plat, No. 11. Stated in view of
the fact, the City Council denied Petitions No. Z-97 and No. Z-95 he would
return this petition to this commission.
The secretary read Legal Notice of Appeal Cases No. 138 and No. 137.
Mr. Ventura stated that the Zoning Ordinance, No. 60, Section "j" specifically
states dry cleaning plants have to have approval of this commission and that
they are allowed only in C-2 District.
Mr. Ashmore stated the use must come before this commission and that the appeal
should be based only on the use of the building. Offered to write letter to
Zoning Board of Appeals and each member of the commission regarding this.
There was a lengthy discussion regarding the fact that this commission is
being by-passed on these two appeal cases and others in the past.
Mr. Ashmore stated that when this commission knows of a violation a letter
should be sent to Building Department as well as the Mayor and violator.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and
unanimously carried, it was
#5-164-55 RESOLVED that, City Attorney, Russell C. Ashmore be requested
to write letter to proper authority concerning jurisdictional
phases of City Planning Commission pertaining to Appeal Cases
No. 137 and No. 138 and similar cases.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Greene and
unanimously carried, it was
#5-165-55 RESOLVED that, statement from The Livonian, Inc. in the amount
of $67.80 be forwarded to the proper department for payment.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Ventura and
Salinas
NAYS: None
! 874
The secretary summarized statement dated May 1, 1955 from Albe E. Munson in
the amount of $405.72.
Mr. Ventura asked how this commission can bill developers, etc.
Mayor Hartom stated this commission should send them a letter showing bill
right in letter, the number of hours spent with Mr. Munson, date of Mr. Mun—
son's statement and request for a check paid to the order of City of Livonia.
The Commission agreed that $15 an hour to developers, etc. would be fair.
It was suggested that the secretary write letter to Mr. Munson stating that
he should specifically show who he works for — whether it's the Planning
Commission or developer.
Upon a motion duly made by Mr. Robinson and seconded by Mr. Lepo, it was
#5-166-55 RESOLVED that, statement dated May 1, 1955 from Albe E. Munson
in the amount of $405.72 be forwarded to the proper department
for payment.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Ventura and
Salinas
NAYS: None
Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was
#5-167-55 RESOLVED that, this commission bill any person who requests
criticism from Albe E. Munson, Planning Consultant for the
particular benefit of the developer or other person $15 per
hour for any hours the Planning Consultant bills the City
Planning Commission.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Ventura and
Salinas
NAYS: None
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Conway and
unanimously carried, it was
#5-168-55 RESOLVED that, minutes of meeting January 25, 1955, February 3,
1955, February 15, 1955, February 22, 1955 and March 8, 1955
be approved as presented.
The Chairman declared the foregoing resolution adopted.
The Chairman appointed the following to attend the City Council meeting's
for the period May 15, 1955 to June 15, 1955. .61
era.
Peter A. Ventura
Robert L. Greene
Karle Steinhoff
Mr. Ventura stated notices of all Planning Commission's hearings sent to
Redford Township Zoning Board should be sent to Carl Bernath, 26701 Lyndon,
Detroit.
Mr. Ventura stated that he received copies of revised preliminary plat of
Buckingham Village Subdivision in which they have made a minor change.
Suggested plat committee compare this revised plat to the original given
tentative approval and report back to commission at the next meeting whether
or not there are any objections to accepting the revised plat.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and
unanimously carried, it was
#5-169-55 RESOLVED that, revised preliminary plat of Buckingham Village
Subdivision be submitted to the Plat Committee for study and
recommendation be brought back to commission May 17, 1955.
The Chairman declared the foregoing resolution adopted.
Mr. Salinas stated he attended Michigan Society of Planning Officials Con-
ference May 6, 1955 at Flint, Michigan and presented for commission's
inspection booklet titled "Where's Flint Going".
MP. Ashmore gave report of court action Friday, May 6, 1955 on operation by
Light Weight Aggergate Corporation in the Northwest 1/4 of Section 27. Stated
Non-Conforming permit was for hauling sand and therefore it did not have to
come before this commission. Stated fence they are erecting would prevent
danger. Stated Judge signed temporary injunction preventing City of Livonia
from interfering with operation inasmuch as Non-Conforming had been issued
by City.
Mr. Ashmore stated Mr. Holloway was in court today and that he gave proof
that Mr. Thompson has no interest in business. Gave fine print on Summons
Notice "...you are hereby notified that I shall forthwith file a sworn
complaint against you in Court for the violation indicated herein. . ." and
stated these were apparently old forms. Stated he would within five days
file complaint and within five days they will answer.
Mr. Robinson stated that there will be a meeting of the Northwest Development
Area Council at the Livonia City Hall at 8:00 p.m., May 11, 1955.
Mr. Ventura stated at the request of the Mayor he attended meeting on Turn-
pike matter at Devon Gables sometime ago. Stated there was a proposal to run
freeway along Haggerty Road near Livonia and that they selected this as the
No. 2 route.
The Mayor gave a detailed report of the progress of the Sewage Disposal
System. Stated that while this commission could approve several plats in
six months, unless tentative approval is given to plat prior to actual
construction of sewer commission limits the subdividers ability to prepare
1 376
construction plans that he can put into effect. Stated it is going to take 4"Y
subdivider as long to construct his sewers and that this commission should
not hold up subdivisions in areas where sewers will go in.
On a motion duly made, seconded and unanimously carried, the 65th Special
Meeting of the City Planning Commission was duly adjourned at 12:10 a.m.,
May 11, 1955.
Rufi Salinas, Secretary
ATTESTED:
Peter A. Ventura, Chairman